1933 Present: Dalton A.C.J.

WIJEMANNE v. KANDIAH.

409-P. C. Trincomalee, 7,846.

Criminal trespass-Proof of intent to annoy-Primary motive of accused.

Where an accused is charged with entering the premises in the occupation of a person with the intention of molesting a servant, intending or knowing that he would thereby annoy the occupier,-

Held, that in order to constitute the offence of criminal trespass there must be proof that the primary motive of the accused was the intent to annoy.

APPEAL from a conviction of the Police Magistrate of Trincomalee.

N. E. Weerasooria (with him Kariapper), for accused, appellant:

Aelian Pereira, for complainant, respondent.

August 21, 1933. DALTON A.C.J.-

The appellant has been convicted on a charge of criminal trespass. The charge was that he on January 20, entered into the premises in the occupation of L. H. Nicholas with the intention of molesting his ayah, intending or knowing that he would thereby annoy the said Nicholas and other persons in the occupation of that house. He appeals against the conviction on the ground that there is no evidence that he intended to annoy either Nicholas or an